Terms of Use - Utopian Smoothies
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Terms of Use

Terms of Use

Please read these terms and conditions carefully, before using the www.utopian.fit.

We thank you for using our products (“Products”). www.utopian.fit is a site operated by Ygiis Foods and Beverages Pvt Ltd (hereinafter referred to as “We” or “Us” or “Our” or “Utopian”, as applicable).

For the purpose of these Terms, wherever the context so requires “You” or “User” shall mean any natural or legal person, registered user who has agreed to access and use Website.

These terms of use, together with the documents referred to in it (hereinafter referred to as the “Terms”) are the terms on which You are permitted to make use of Our website, www.utopian.fit (hereinafter referred to as the “Site” or “Website”), whether as a guest or a registered User. Use of the Site includes accessing, browsing, or registering to use the Site. These Terms also inform You of the terms on which You may place your orders, make purchases of our Products and facilitate payments on the Site.

Please read these Terms carefully before You start to use Our Site, as these shall apply to your use of the Website and to any orders which You may place on the Website. By accessing the Website and/or making any purchases and/or placing any orders using the Website, You confirm that You accept these Terms and that You agree to comply with them. If you do not agree to these Terms, please do not proceed further to use the Site or make any purchases, orders or avail any services offered on the Website.

CHANGES TO THESE TERMS

We may revise these Terms at any time, by amending this page without providing any intimation to You. Please check these Terms from time to time and in any event prior to every purchase made through the Site take notice of any changes, as they will be binding on You.

PRIVACY POLICY

These Terms refer to Our Privacy Policy (https://utopian.fit/privacy-policy), which sets out the terms on which We process any personal data We collect from You, or that You choose to provide to Us while interacting with the Website. Our Privacy Policy shall also apply to your use of the Website and by using the Website, You consent to such processing and You warrant that all data provided by You is accurate.

UPDATES

The content of the pages of the Website is for your general information and use only. We may update the Site from time to time, and may change the content, display, form, at any time without prior notice. Further, content on the Site may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.

ACCESSING THE WEBSITE

We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted. Access to the Website may be suspended for maintenance, withdrawn, discontinued or may be changed without notice. We shall not be liable for any damage or inconvenience caused to You if, for any reason, the Site is unavailable at any time or for any period. You are responsible for making all arrangements that may necessary for You to have access to Our Site. You are also responsible for ensuring that all persons who access the Site through your internet connection, are aware of these Terms and other applicable terms and conditions, and that they shall comply with them.

ELIGIBILITY

Services of this Site would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor, i.e. under the age of 18 years but at least 13 years of age, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

If You use the Website, You are solely responsible for maintaining the confidentiality of your account registered with the Website including your login details and password. You are responsible for restricting access to your computer or mobile to prevent any unauthorised access to your account maintained with Us. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details You provide Us with are accurate and complete and inform Us immediately of any changes to the information that you provided while registering. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website. You can access and update the information by accessing your account or writing to us at support@utopian.fit

INTELLECTUAL PROPERTY RIGHTS

This Website contains the material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Access to this Website does not authorize anyone to use any name, logo or mark contained thereon in any manner. All content on Website is solely for your personal, non-commercial consumption only. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial consumption is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration or benefit, whether monetary or not shall be deemed ‘commercial use’ for the purpose of these Terms.

Reference on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any way constitute or imply Our endorsement or recommendation, information, product or service. We are not responsible for the content of any third party sites and do not make any representations regarding the content or accuracy of material on such sites. You may not create a link to this website from another website or document without Our prior written consent.

OTHER TERMS

(a) Use of Third Party Services
When you use the Website, You may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties and We will not be responsible for any such usage.

(b) No Reverse Engineering
You shall not, and You will not permit, encourage, assist, authorize or otherwise aid any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the interface of this Website, whether in whole or in part, or create any derivative works from or of the Website.

LICENSE TO USE THIS SITE

We grant You a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with Our written consent. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site, without Our express written consent. You may also not create and/or publish your own database that features substantial parts of the Website, without Our written consent.

You will not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) that belongs to Us or Our affiliates, without Our or any of Our Affiliates express written consent. You will not use any metatags or any other ‘hidden text’ utilizing Our or Our affiliates’ names or trademarks or logos, without express consent thereof. Any unauthorized use of this Website by You, terminates the permission or license granted by Us or Our affiliates, as applicable.

You are granted a limited, revocable and non-exclusive right to create a hyperlink to the welcome page of the Site as long as the link does not portray Us, Our affiliates or Our Site, or their products or services, in a false, misleading, derogatory, defamatory or otherwise offensive manner. You may not use Our logo or other proprietary graphic or trademark as part of the link, without express written consent of Our affiliates or Us, as may be applicable.

YOUR CONTENT AND INFORMATION

You own and bear all liability for all of the content and information that You post on the Website. In addition, please see the below:
(a) For content that is covered by intellectual property rights, such as photos and videos (“IP Content”), You specifically grant Us a non-exclusive, transferable, sub-licensable, royalty free, worldwide and perpetual license to use any IP Content that You post on or in connection with the Website.

(b) When you delete the IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. You understand that removed IP Content may persist in backup copies for a reasonable period of time (but will not be available to others, except as required under lawful orders of a court or other such legal authority).

Notwithstanding the above, You agree that We may retain and use any of your IP Content, data or information to provide you Our services and for ancillary purposes including, but not limited to research and analysis in accordance with applicable laws and Our Privacy Policy.

USE OF THE WEBSITE

Your use of any information or materials on this Website is entirely at your own risk, for which We shall not be liable. It will be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements. You agree, undertake and confirm that your use of Website shall be strictly in accordance with applicable law and shall be governed by the following:

(a) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(i) belongs to another person and to which You do not have any right to
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever
(iii) is false, inaccurate or misleading in any way
(iv) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(v) infringes upon or violates any third party’s rights including without limitation, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
(vi) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
(vii) contains video, photographs, or images of another person (with a minor or an adult) without their express written consent.
(viii) solicits passwords or personal identifying information for commercial
(ix) involves engaging in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website
(x) interferes with another User’s use and enjoyment of the Website
(xi) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms
(xii) harm minors in any way
(xiii) impersonate another person
(xiv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
and
(xv) creates liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider or other suppliers.

(b) You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/ participation in any way on your own or through group/(s) of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

(c) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

(d) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

(e) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, including the term ‘Utopian’ or ‘Ygiis’, or otherwise engage in any conduct or action that might tarnish Our image or reputation, or otherwise tarnish or dilute Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Our systems or networks, or any systems or networks connected to Us or our equipment/servers.

(f) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website.

(g) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations regarding Your use of Our service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force and shall not use the Website for any purpose that is unlawful.

(h) Any unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence.

NOTICES

For the purpose of these Terms, Our prior written consent shall mean a communication coming from Our Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization.

DEBIT/ CREDIT CARD, BANK ACCOUNT DETAILS

(a) You agree that the debit/ credit card details provided by You for use of the purchase of Products on the Website is correct and accurate and that You shall not use a debit/ credit card, that is not lawfully owned by You or the use of which is not authorized to You by the lawful owner. You further agree and undertake to provide correct and valid debit/credit card details.

(b) You may pay for Products purchased by You by using a debit/ credit card, UPI or through online banking account. Further, You agree and confirm that when you initiate a payment transaction and/ or issue an online payment instruction and provide your card/ bank details:
(i) You are authorizing debit of the nominated card/ bank account for the payment of fees selected by You along with the applicable fees; and
(ii) You are responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by You inclusive of the applicable fee for successful completion of the transaction.

PRICING

We aim to ensure that prices of all products listed on the Website are correct and up-to-date. However, from time to time, prices for certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to Us by a supplier. In each such case, notwithstanding anything to the contrary, We reserve the right to cancel the order without any further liability. Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product listed on the Website will be sold at a price higher than its MRP (Maximum Retail Price).

DAMAGED GOODS

(a) We will not be responsible for damaged Product(s) unless You give a written notice to Us within 24 (twenty four) hours of having received the delivery of the Product(s).

(b) In the event of damage of Product(s) or part thereof, You must hold the Product(s) and make them available for inspection or collection by Us or Our representatives on request. Subject to COVID constraints

(c) Our total liability under any warranty for damaged Product(s) supplied by Us is limited at Our option to either:
(i) replacing the defective damaged Product(s). or
(ii) refunding the price of the damaged Product(s).

(d) We are not under any obligation to accept any returns of products where the defect or damage was caused by You or the defect or fault occurred after delivery of the Products.

(a) For the purpose of these Terms, ‘Damaged’ shall mean unforeseen and accidental physical loss, breakage, destruction of or damage to tangible property including the loss of use thereof at any time resulting from nuisance or interference with any right of way, light, air or water.

SHIPPING AND DELIVERY TERMS

The Terms related to shipping and delivery of our Products are prescribed under our shipping and delivery policy available on – https://utopian.fit/shipping-and-delivery-policy

RETURNS

Due to the perishable nature of Our products, We cannot accept returned merchandise. We shall not issue a refund who refuses a delivery, or in any way attempts to return a shipment of a delivered Product.

CANCELLATION POLICY

(a) You can cancel your order for a Product at no cost any time before We send the dispatch confirmation e-mail relating to that Product confirming that the Product has been dispatched for delivery. Unfortunately, an order cannot be cancelled once the item has been dispatched for delivery.

(b) Upon cancellation, your refund (if payment made by electronic mode or mixed payment methods) will be processed soon thereafter.

(c) Upon cancellation, you will be notified of the same by email and refund about cancellation will be made in the following manner:
(i)Electronic payment (credit card, debit card or net banking) refunds are processed within 2-4 business days whereby you will need to update following information to enable Us to process a refund to your account:
• Bank Account Number
• IFSC Code
• Account Holder’s Name
• Bank Branch
• Bank Name
(ii)Mixed Payment (credit card or credit points) – The refund amount shall be paid through the same mode of payment. The gift card amount shall be added to your account under points and can be used for redemption towards future purchases.

(d)Fine Print
(i) Refunds to happen through the same mode by which the payment was made.
(ii) If your refund doesn’t appear in ‘Your Account’, and the processing time for your payment method has passed, contact Us for further assistance.

INDEMNITY

You shall indemnify on demand and hold Us and Our affiliates, associates and their respective owners, shareholders, officers, directors, agents and employees, harmless, from any claim or demand or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to, or arising out of:
(a) your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or third-party rights.

(b) any orders placed by You on the Site and

(c) any violation of applicable law by You.

Rights and obligations hereunder shall survive termination of these Terms.

EVENTS BEYOND OUR REASONABLE CONTROL

We shall not be held responsible for any delay, failure to deliver, loss or damage caused to the Products due to force majeure reasons including without limitation to the acts of god, strikes, acts of terrorism, burglary, hijacking, robbery, riots, political disturbances, invasion, fire, floods, tsunami, epidemic, pandemic, road accidents and for reasons beyond the control.

WAIVER

No failure by Us to take any action with respect to a breach of these Terms or a default by You shall constitute a waiver of Our right to enforce any provision of these Terms or to take action with respect to such breach or default or any subsequent breach or default.

Waiver by Us of any breach or failure to comply with any provision of these Terms by you will not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of or failure to comply with any other provision of these Terms, unless any such waiver has been consented to by Us in writing. Any such waiver shall not affect in any way the validity of these Terms or the right to enforce such obligation, agreement, undertaking or covenant at any other time by Us.

LIMITATION OF LIABILITY

The aggregate liability of Ygiis, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.

It is acknowledged and agreed that notwithstanding anything to the contrary, Ygiis shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.

TERMINATION

If You violate these Terms, or otherwise create risk or possible legal exposure for Us, We can stop providing you with access to all or any part of the Site. We may also delete or disable your account either temporarily or permanently at Our sole discretion and cancel any orders that have been placed by You.

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination of these Terms.

GOVERNING LAW AND JURISDICTION

These Terms and your use of this Website and any dispute arising out of such use of the Website shall be governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of courts of Gurgaon, Haryana.

GRIEVANCE OFFICER

The name and contact details of Our Grievance Officer are as follows:
Name: Shweta Tare Sarwate
Email: support@utopian.fit

The Grievance Officer can be contacted to report abuse, or to complain against any content hosted, transmitted, published, updated or shared on Our Site, in the event there are any concerns regarding such content.

DISCLAIMER

You acknowledge and undertake that You are placing orders on the Site at your own risk and volition and You are using your best and prudent judgement before entering into any transactions through the Site. The contents of this Site are only for information purpose. Users are advised to rely on information posted herein for any purpose only after verification and confirmation of the same from authentic and authoritative sources.

No contents/ portion of the contents, graphics, picture or presentation in this Website may be used without explicit permission in writing from Us. Usage of contents/ parts thereof without verifiable and expressed permission from Us will attract legal consequences.

We shall not be responsible for any cancelled or failed transactions or payments attempted using credit cards, debit card, net banking or any other means on the Website. You further agree that We shall not be responsible or liable for cancellations or failures which take place on account of You exceeding the existing limit on your credit card.